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Argueta, Assistant To Trainer Servis, Sentenced To ‘Time Served’

Henry Argueta, formerly the assistant to the now-imprisoned trainer Jason Servis, was sentenced to a prison term of “time served” and two years of supervised release after working out a cooperative plea bargain with prosecutors in the wide-ranging 2020 racehorse doping conspiracy case that has already netted several dozen convictions.

The sentencing paperwork filed Dec. 21 for Argueta's final judgment in United States District Court (Southern District of New York) stated that he pleaded guilty to three felony charges listed in a superseding information document in exchange for other charges in a separate indictment being dropped.

The court records did not state how much time Argueta had already served.

The judgment also stated that Argueta must pay more than $28 million in restitution to an undisclosed list of victims. The documentation did not list a specific payment plan.

It is common for convicts of federal crimes who don't have the means to pay exorbitantly large restitutions to never pay more than a fraction of the court-ordered amount, although the penalty is never legally forgiven and the government can continue to try and collect it up to 20 years after a criminal's sentence expires.

Separately, Argueta's court filing stated that, “As a result of the offenses charged in Counts One and Two of the Information, to which the Defendant pled guilty, a money judgment in the amount of $311,760 [representing] the amount of forfeitable property involved in the offenses charged [is] jointly and severally liable with the Co-Defendants…”

But the documentation went on to state that because Servis, who got sentenced to four years in prison on July 26, has already paid that $311,760, “the Government shall credit the Servis Payment against the Money Judgment and the [Argueta] Money Judgment will be fully satisfied.”

Argueta's name surfaced on multiple occasions in a trove of wiretapped evidence that prosecutors had planned to introduce at trials.

But the feds didn't have to use the vast majority of those taped telephone phone conversations and intercepted text messages, because the highest-profile defendants in the case all ended up cutting guilty-plea deals instead of taking their chances facing a jury.

On July 10, 2019, Servis and Argueta were listed in a transcript allegedly discussing concerns about getting caught administering performance-enhancing drugs to Thoroughbreds.

Servis: Be careful man, Henry, with that. Really careful, because …
Argueta: Yes?
Servis: Because we are getting really good.
Argueta: Yeah, no.
Servis: All we need is a problem like that. Oh, with [Maximum Security crossing the finish wire first but getting disqualified for interference in the] Derby and [expletive]. Oh, my God!

Argueta and Servis then discussed the likelihood that authorities would be on the lookout for them to see if they were doping horses.

Argueta: Yeah, but what are they going to see? Nobody going to see nothing. What are they going to see? Nothing.
Servis: Right.
Argueta: We don't do nothing–ha, ha! They can look wherever they want to look.

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Clerk Of Scales At Presque Isle Downs Suspended For Failure To Weigh-Out Jockeys

A longtime racetrack employee and the current Clerk of Scales at Churchill Downs Inc.-owned Presque Isle Downs in Erie, Pennsylvania was suspended by the Pennsylvania State Horse Racing Commission's Bureau of Thoroughbred Horse Racing for 30 days beginning Jan. 8. Danny Hamilton was found by the stewards to have neglected to weigh-out jockeys before the eighth race Oct. 11.

Director of Enforcement Jason Klouser, who led the investigation, said, “The Racing Commission's investigators observed Danny Hamilton failing to weigh-out the jockeys for race 8, which is a violation of numerous sections of Pennsylvania's rules of racing.”

Klouser added, “At this point, the investigation into Hamilton's activities is ongoing to determine if there were any other violations.”

According to the stewards ruling which is posted on the commission's website, part of the duties of the Clerk of Scales and/or their assistant is to preside over the racing process from when the jockeys assemble before the race to weigh-out, all the way through its conclusion when they come off the course to weigh-in.

Hamilton appeared this past summer on an episode of Horse Racing Today co-hosted by Jamie Martinez in which he discussed his experiences and delved into his duties as a clerk.

On that program, Hamilton said, “We run a very tight ship here at Presque Isle.” When asked what happens if a rider's weight is off when he or she comes off the course, the clerk said with a laugh, “Well then we have real problems! Then the Racing Commission gets involved and stuff gets really real.”

He went on to say, “But we don't have that problem, all the riders come back heavier than what they went out. So, if you go out at 124 [pounds], chances are you're going to come in at 126 [pounds], 127 [pounds], because the saddle towel, the pad, the horse's are sweaty, it soaks up into the pad and saddle towel … it weighs a lot. If they come back lighter than they went out, major problem, if they come back heavier, then you're good to go.”

Growing up around racetracks, including Beulah Park and Delaware Park, Hamilton as recently as 2019 served as an inspector for the Ohio State Racing Commission. Since then, he's had several other stops at locations such as Oaklawn Park, where he was an integrity officer.

Hamilton was hired as the Clerk of Scales by Presque Isle Downs earlier this year after he was the horse identifier at the course during the 2022 season. An attempt was made to contact the track's Director of Racing, Matthew Ennis, but several messages were not returned.

Currently, Hamilton is serving as a placing judge at Fair Grounds, which is also owned by Churchill Downs Inc.

Klouser confirmed that, “We have notified the Louisiana Racing Commission of the pending suspension.”

As for the ruling, Hamilton is denied access to all grounds under the jurisdiction of the Pennsylvania State Horse Racing Commission and does have the right to appeal. He was unable to be reached for comment.

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Pletcher-Forte Team Granted Temporary Restraining Order On Hopeful DQ

The Schenectady Supreme Court issued a temporary restraining order Thursday that put a halt on the New York Gaming Commission's efforts to disqualify Forte (Violence) from his win in the 2022 GI Hopeful S. at Saratoga and suspend trainer Todd Pletcher.

Acting on behalf of Pletcher and owners Mike Repole and Vinnie Viola, attorney Drew Mollica filed an Article 78 appeal. Article 78 appeals are lawsuits mainly used to challenge an action, or inaction, by agencies of New York State and local governments.

The New York Gaming Commission has alleged that Forte tested positive for meloxicam, a non-steroidal anti-inflammatory drug, widely prescribed to treat osteoarthritis and rheumatoid arthritis, and sold under the brand name Mobic. Forte was disqualified and Pletcher was issued a 10-day suspension and fined $1,000.

The Forte team has used Dr. Steven A. Barker, considered one of the foremost experts in equine drug testing and research, as a witness and Barker has said that 500 picograms or .5 nanograms of meloxicam was detected in Forte's system. Barker said he believes that such a low level of the medication would not impact a horse's performance and that the small amount is indicative of environmental contamination.

A hearing was granted by the Gaming Commission, which voted unanimously to uphold a recommendation from a hearing officer. After that decision, Forte's legal team took the next step and went to court. The case is scheduled to resurface on Jan. 9, at which time the court can issue a permanent injunction.

“We look forward to appellate review of one of the most unfair, egregious hearing processes and commission orders that I have ever seen,” Mollica said. “The facts will show that not only did Mr. Pletcher break no Gaming Commission rule, the rule by which he was charged has no applicability at all and the hearing was constitutionally flawed.”

Mollica also argued that the amount found in the horse's system did not merit a violation. He said that Dr. George Maylin, the director of the New York Equine Drug Testing Programs, agreed with that finding and stated as much when going before the hearing officer.

“The scientific finding alleged by the Gaming Commission did not meet the standard of a violation,” Mollica said. “Dr. George Maylin, the nation's foremost equine pharmacologist, testified as much at the hearing. It should be noted that Dr. Maylin did not testify for the prosecution, in this case the Gaming Commission, but testified for the defense. That speaks volumes. We look forward to an impartial review of this matter. After reviewing the transcript of the hearing all I can say is that this was a travesty of justice.”

Once the positive finding was revealed Repole has been adamant that the disqualification was unwarranted and vowed to fight.

“I spent $20 million last year on horses, I can spend $20 million fighting this case,” he said in May. “I think long-term this is going to be good for racing. This whole process, though sad and pathetic, has been a great learning experience for me.”

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Letter To The Editor: Dr. Jerry Bilinski On the Great White Way DQ

Regarding the Great White Way fiasco: The stewards made a huge mistake! We all make them. It happens in football all the time! When it happens there are no calls to remove the Commissioner. As in this situation, there should be no calls to remove Jockey Club leadership.

What is needed is to look at the Stewards box. Stewards involved should be interviewed, past decisions reviewed and what we need is industry-wide implementation to improve the process. Possibly a fourth person “in the booth” might help when a foul occurs. Evaluation of current requirements, education, improved training, age requirements, cognitive skills, etc.

Whatever blame rests 100% with the stewards in this case!

–Jerry Bilinski DVM, former New York Racing Chairman

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